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South Africa: Free State High Court, Bloemfontein
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2008
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[2008] ZAFSHC 98
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S v Dumisi (419/08) [2008] ZAFSHC 98 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 419/08
In the review between:
THE
STATE
and
JOHN DUMISI
_____________________________________________________
CORAM:
EBRAHIM, J
et
VAN
DER MERWE, J
JUDGEMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
7 AUGUST 2008
_____________________________________________________
[1] This matter was
referred to this court on special review in terms of
section 304(4)
of the
Criminal Procedure Act 51 of 1977
. The accused was convicted
of the crime of assault with intent to do grievous bodily harm and
sentenced to undergo 6 (six) months
imprisonment or pay a fine of R3
000,00 which sentence was wholly suspended for three years
conditionally.
[2] The presiding
magistrate, who was an acting magistrate at the time, convicted the
accused on the strength of a written statement
handed in on his
behalf by his legal representative in terms of subsection 112(2) of
Act 51/1977.
[3] In my view the
proceedings were conducted in accordance with justice. Accordingly I
order that the conviction and sentence
be confirmed.
_____________
S. EBRAHIM, J
I
concur.
________________________
C.H.G. VAN DER MERWE,
J
/sp
2008/08/01
12:14 PM